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(영문) 제주지방법원 2018.06.20 2017고단1303
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on March 17, 2017, driven a D-wing and III cargo vehicle under the influence of alcohol with approximately 0.205% of alcohol concentration in the 3km section from the roads near the mutual influent restaurant in Seopo-si, Seopo-si to the roads near Seopo-si, Seopopo-si, C-si, Seopo-si.

Summary of Evidence

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense: Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service and order to attend a school: The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a high alcohol concentration during blood transfusion at the time of the instant case, the defendant has been punished several times by a fine due to driving of alcohol, refusal of drinking alcohol measurement, driving without a license, etc., but repeats the crime, taking into account the defendant's age, environment, circumstances after the crime, etc., and the sentence is determined as per the order.

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